Voluntary sustainable apparel labeling program

(a)

In general

(1)

Establishment

The Administrator of the Environmental Protection Agency (in this section referred to as the Administrator) shall carry out a voluntary sustainable apparel labeling program (in this section referred to as the labeling program).(2)

Consultation

The Administrator shall establish and operate the labeling program in consultation with the Secretary of Agriculture and the Federal Trade Commission.(3)

Regulations

Not later than 2 years after the date of enactment of this section, the Administrator shall finalize regulations to carry out the labeling program.(b)

Requirements

Under the labeling program—(1)any person that sells an article of apparel may submit an application to the Administrator to enter the article of apparel into the labeling program;(2)the Administrator shall specify the information to be included in an application under paragraph (1);(3)the Administrator shall review any application submitted under paragraph (1) and make a determination regarding whether to include the article of apparel in the labeling program—(A)on the basis of whether the Administrator believes the person submitting the application will adhere to the requirements of the labeling program; and(B)not on the basis of an assessment of the benefits to the environment associated with the article of apparel;(4)a person (referred to in this section as a participant) that sells an article of apparel that the Administrator has determined to include in the labeling program (referred to in this section as the participating article of apparel) may attach a label (referred to in this section as the apparel sustainability label) to—(A)the participating article of apparel; or(B)packaging used for the sole purpose of containing the participating article of apparel;(5)the Administrator shall establish requirements for the visual form of the apparel sustainability label that shall—(A)convey the information described in paragraph (6) to the consumer in a manner that is determined by the Administrator to be most useful to the consumer at the point of sale in making apparel purchasing decisions;(B)not convey that any given article of apparel is acceptable or unacceptable, but instead provide the consumer a numerical quantification of the information described in paragraph (6);(C)employ words, numbers, and imagery, as specified by the Administrator;(D)convey the fact that the information on the apparel sustainability label has been verified under requirements established by the Environmental Protection Agency; and(E)include a logo to help the consumer identify the label as being associated with the labeling program;(6)the information included on the apparel sustainability label shall—(A)convey a numerical summary of the best available information regarding the total greenhouse gas emissions released throughout the full life cycle of the participating article of apparel and its input materials, including in association with—(i)growing of plant fibers and other agricultural inputs;(ii)manufacture of the nonagricultural input materials;(iii)manufacture of the participating article of apparel;(iv)packaging;(v)transportation of the input materials and the participating article of apparel;(vi)storage;(vii)presentation in a retail apparel establishment;(viii)consumer use, including the energy used to—(I)wash the participating article of apparel; and(II)prepare the participating article of apparel for use, including by ironing or pressing;(ix)end-of-life reuse, recycling, treatment, and disposal of the participating article of apparel and its packaging; and(x)any other aspect of the full life cycle of the participating article of apparel associated with greenhouse gas emissions;(B)convey a summary of the voluntary commitment made regarding the participating article of apparel, as reported under subsection (c)(1); and(C)provide electronic access immediately available to the consumer at the point of sale through a quick response (QR) code or similar mechanism to additional information relevant to the consumer, which shall include—(i)the complete information described in subparagraph (A) regarding the participating article of apparel;(ii)the complete information provided under subsection (c)(1) regarding the participating article of apparel; (iii)the database established under subsection (d); and(iv)such other information as the Administrator determines to be relevant to the consumer;(7)if the participant is the manufacturer of the participating article of apparel, and not the retail establishment selling the participating article of apparel to the end consumer, this fact shall be made clear on the apparel sustainability label;(8)if requested by a participant, the information pertaining to the participating article of apparel that is conveyed under paragraph (6)(A) shall be divided into—(A)information identified under clauses (i) through (v) of paragraph (6)(A), for which the participant shall be responsible for reporting; and(B)information identified under clauses (vi) through (ix) of paragraph (6)(A), for which the Administrator shall be responsible for estimating on the basis of the typical use of the participating article of apparel;(9)the distinction between the sources of information referred to in subparagraphs (A) and (B) of paragraph (8) shall be made clear on the apparel sustainability label;(10)no information or imagery shall be included on the apparel sustainability label that has not been specified by the Administrator pursuant to paragraphs (5) and (6);(11)the Administrator shall establish the method by which the information included on the apparel sustainability label shall be verified, which verification shall—(A)be conducted in accordance with uniform standards for the collection and analysis of the information for all participating articles of apparel;(B)require the use of the best available scientific information;(C)specify the requirements for entities to be authorized to measure, monitor, verify, and report the information; (D)be informed by the established international standards for carbon accounting for product life cycle assessment, including—(i)the ISO 14040 and ISO 14044 standards of the International Organization for Standardization; and(ii)protocols established under the Greenhouse Gas (GHG) Protocol program of the World Business Council for Sustainable Development and the World Resources Institute, including—(I)the GHG Protocol for Product Accounting and Reporting; and(II)Publicly Available Specification 2050; and(E)be informed by and generally align with the current best practices for validating such information in the apparel industry;(12)in establishing the requirements described in paragraphs (5), (6), and (10), the Administrator—(A)shall consult with an expert advisory panel composed of apparel industry stakeholders; and(B)may consult with such panel either—(i)by establishing a Federal advisory committee under chapter 10 of part I of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act); or(ii)through a negotiated rulemaking under subchapter III of part I of title 5, United States Code (commonly referred to as the Negotiated Rulemaking Act);(13)the Administrator shall establish a program by which entities shall be certified to perform the activities under paragraph (11)(C);(14)beginning 7 years after the date of enactment of this Act, and every 5 years thereafter, the Administrator shall—(A)publish a report on the effectiveness, as determined by the Administrator, of the labeling program in achieving objectives, including such effectiveness in—(i)providing consumers information that consumers find useful; and(ii)reducing the greenhouse gas emissions associated with apparel throughout the full life cycle as described in paragraph (6)(A);(B)review and revise the regulations under this section to increase such effectiveness, as determined by the Administrator, of the labeling program with respect to the two objectives listed in clauses (i) and (ii) of subparagraph (A); and(C)report to the Congress any recommendations for amendments to this section that, in the determination of the Administrator, would improve such effectiveness; and(15)the Administrator shall provide technical assistance, including through consultants, in reporting information as required in accordance with the labeling program, otherwise participating in the labeling program, and reducing greenhouse gas emissions, to—(A)participants;(B)entities seeking to become participants; and(C)entities seeking to become certified under paragraph (13).(c)

Voluntary commitments

(1)

In general

The Administrator shall carry out a program under which a participant may agree to—(A)a voluntary commitment to reduce the total greenhouse gas emissions released throughout the full life cycle of participating articles of apparel and their input materials, as described in subsection (b)(6)(A); and(B)make publicly available, including on the participant’s website, sustainability information pertaining to the participant or the participating article of apparel that is determined by the Administrator to be based on the best available scientific information.(2)

Establishment

Not later than 2 years after the date of enactment of this Act, the Administrator shall establish the program required by paragraph (1).(3)

Encouragement; technical assistance

The Administrator shall encourage participants, and provide technical assistance to participants, to agree to voluntary commitments under this subsection.(4)

No mandate

This subsection does not authorize the Administrator to impose any mandate.(d)

Database

Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a database to provide easy access to consumers and apparel industry stakeholders to information pertaining to the labeling program, including—(1)explanations of the objectives and the methodologies of the Administrator in establishing the requirements described in subsection (b);(2)the information described in subsection (b)(6) with respect to each participating article of apparel;(3)the voluntary commitments of each participant as reported under subsection (c); and(4)any additional available information on the sustainability of apparel that the Administrator determines to be—(A)useful to the consumer and apparel industry stakeholders; and(B)based on the best scientifically available information.(e)

Consumer outreach

(1)

Program

Not later than 3 years after the date of enactment of this Act, the Administrator shall establish a program to inform consumers about the labeling program.(2)

Requirements

The consumer outreach program established under paragraph (1) shall—(A)provide retail apparel establishments educational materials and other information to be conveyed to consumers regarding the labeling program;(B)provide technical assistance to retail apparel establishments regarding the labeling program and the materials and information described in subparagraph (A); and(C)reach the public through a wide range of means, including public service announcements and advertising.(f)

Penalties for fraudulent use of label

(1)

In general

Any person that violates a requirement of this section shall forfeit and pay to the United States a civil penalty of not more than $10,000 for each such violation.(2)

Separate violations

Each separate violation of a requirement of this section shall be a separate offense, except that in a case of a violation through continuing failure to obey or neglect to obey an order by the Administrator under this section, each day of continuance of such failure or neglect shall be deemed a separate offense.(3)

Equitable relief

In a civil action brought under this section, the United States district courts are empowered to grant mandatory injunctions and such other equitable relief as such courts deem appropriate.(g)

Definitions

In this section:(1)

Apparel industry stakeholders

The term apparel industry stakeholders means—(A)suppliers and vendors of apparel manufacturers;(B)apparel manufacturers;(C)retail apparel establishments;(D)entities that measure, monitor, verify, and report information described under subsection (b)(6);(E)institutions of higher education;(F)consumer organizations; and(G)other experts, as determined by the Administrator.(2)

Greenhouse gas

The term greenhouse gas includes each of the following:(A)Carbon dioxide.(B)Methane.(C)Nitrous oxide.(D)Sulfur hexafluoride.(E)Any hydrofluorocarbon.(F)Any perfluorocarbon.(G)Nitrogen trifluoride.(H)Any fully fluorinated linear, branched, or cyclic—(i)alkane;(ii)ether;(iii)tertiary amine; or(iv)aminoether.(I)Any perfluoropolyether.(J)Any hydrofluoropolyether.(K)Any other fluorocarbon, except for a fluorocarbon with a vapor pressure of less than 1 mm of Hg absolute at 25 degrees Celsius.(3)

Greenhouse gas emission

The term greenhouse gas emission means the release of a greenhouse gas into the ambient air.(4)

Retail apparel establishment

The term retail apparel establishment means a person that sells an article of apparel to a consumer.